[ Warranty ]
 

LIMITED WARRANTY

TopHead Global Networks, Inc. ("TopHead") warrants this TopHead Dual LCD Monitor ("Product") to be free from defects in material or workmanship, as follows:

A. Labor For a period of one (3) year from the date of purchase, TopHead will, at no charge, repair this Product if determined by TopHead to be defective. After the warranty period, the Purchaser must pay all labor charges.
B. Parts For a period of one (3) year from the date of purchase TopHead will, at no charge, supply new or rebuilt replacements for parts determined by TopHead to be defective. After the warranty period, the Purchaser must pay all parts charges.

During the warranty period, when requesting the repair of the Product, the Purchaser will either return the defective Product, freight prepaid, or delivers it to a TopHead Service Center or to a service facility authorized by TopHead. The Product to be repaired must be returned in either its original carton or a similar package affording an equal degree of protection. TopHead will return the repaired Product freight prepaid to Purchaser. All freight costs associated with replacement of warranty parts after expiration of the original labor warranty period are the responsibility of the Purchaser. TopHead is not obligated to provide Purchaser with a substitute unit during the warranty period or at any time. For an additional fee, TopHead Field Service and Support subject to availability can provide onsite support at the Purchaser's location at TopHead's prevailing per incident billable rates.

The limited warranty stated on this card is subject to all of the following terms and conditions

TERMS AND CONDITIONS

1. NOTIFICATION OF CLAIMS: WARRANTY SERVICE: If the Purchaser believes that the Product is defective in material or workmanship, then written notice with an explanation of the claim shall be given promptly by Purchaser to TopHead. All claims for warranty service must be made within the warranty period. No repair or replacement of any Product or part thereof shall extend the warranty period as the entire Product. The specific warranty on the repaired part only shall be in effect for a period of ninety (90) days following the repair or replacement of that part or the remaining period of the Product parts warranty, whichever is greater.

2. EXCLUSIVE REMEDY: ACCEPTANCE: Purchaser's exclusive remedy and TopHead's sole obligation is to supply (or pay for) all labor necessary to repair any Product found to be defective within the warranty period and to supply, at no extra charge, new or rebuilt replacements for defective parts.

3. EXCEPTIONS TO LIMITED WARRANTY: TopHead shall have no liability or obligation to Purchaser with respect to any Product requiring service during the warranty period which is subjected to any of the following: abuse, improper use: negligence, accident, modification, failure of the end-user to follow the Operating Procedures outlined in the User's Manual, or failure of the end-user to follow the Maintenance Procedures, as described in the Service Manual for the Product. (where) There is a specified schedule for regular replacement, maintenance or cleaning of certain parts (based on usage). If the end-user has failed to follow such schedule; attempted repair by non-qualified personnel operate of the Product outside of the published environmental and electrical parameters, or if such Product's original identification (trademark, serial number) markings have been defaced, altered, or removed, TopHead shall also have no liability or obligation to Purchaser. TopHead excludes from warranty coverage Products sold "AS IS" and/or "WITH ALL FAULTS" and excludes used Products which have not been sold by TopHead to the Purchaser. TopHead also excludes from warranty coverage Products located outside of the United States and consumable items such as batteries.

All software and accompanying documentation furnished with, or as part of the Product is furnished "AS IS" (i.e. without warranty of any kind) except where expressly provided otherwise in any documentation or license agreement furnished with the Product

4. PROOF OF PURCHASE: The Purchaser's dated bill of sale must be retained as evidence of the date of purchase and to establish warranty eligibility.

DISCLAIMER OF WARRANTY

EXCEPT FOR THE FOREGOING WARRANTIES, TOPHEAD HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY AND/OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT. TOPHEAD HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTY THAT THE PRODUCT IS COMPATIBLE WITH ANY COMBINATION OF NON-TOPHEAD PRODUCTS PURCHASER MAY CHOOSE TO CONNECT TO THE PRODUCT.

LIMITATION OF LIABILITY

THE LIABILITY OF TOPHEAD, IF ANY, AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. IN NO EVENT SHALL TOPHEAD BE LIABLE TO PURCHASER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON WHATSOEVER.

For further information and the name of the nearest authorized TopHead service facility contact:

 

For Customer Service and Technical Support,
Tophead Global Networks, Inc.
92 Montvale Avenue, Suite 3850 Stoneham, Massachusetts 02180

Tel : 781-279-1078, Fax : 781-279-1079
E-mail : techsupport@tophead.com